A Harvard Law Professor recently gave a second choice but it is likely that President Trump will not take it. Basically, President Trump will have to withdraw the executive order, get it re-written properly with his new attorney general, take it to members of congress to get their blessing and THEN submit it. The problem with this plan is it means that President Trump will have to admit that he was wrong about the issue of the first executive order.
International Level: International Guru / Political Participation: 3224 100%
From my understanding the executive branch has the right to do what he did. The 9th circuit court is the most liberal court in the land so this is no surprise. I think he has a good chance of SCOTUS affirming the travel ban if he gets his nominee approved. There is no way he tries to run it through Congress.
HA, wrong?!? From what I've seen of this President that's about as foreign to him as breathing air is to a flounder.
Kyrroeth,
I agree with you but I think President Trump wrote this so poorly that he left room for it to be challenged in court.
Edited: Abnninja on 10th Feb, 2017 - 12:50am
The immigration and nationality act of 1965 bans all forms of discrimination against immigrants on the basis of nationality. Trump is not exempt from that ban.
Trump is basing his ability to do this on a 1952 law allowing him to suspend the entry of "Any class of aliens", but the act I mentioned specifically curtails that power.
So, no, it is not a legal execution of the president's power. There are ways to get around the act in question, but his broad spectrum ban is not going to go through on anything resembling a reasonable reading of the law. At least not until that act is repealed or amended. And even Republicans are going to be reluctant to push for that one.
Edited: daishain on 10th Feb, 2017 - 12:52am
Daishain,
I thought that act only dealt with changing the immigration limits we placed on immigrants coming from certain countries and certain categories. It did modify the 1952 Act but it didn't restrict the President's ability to curtail immigration and restricting visas for the safety of the country. Of course, a court can read just about anything into anything if it looks at it liberally enough. Personally, I'm not a big believer in legislating from the bench and believe we should take a narrower view… although maybe not Scalito narrow.
Rogue Border Agents Resist Trump Policies:
Some border patrol stations have been slow to carry out President Donald Trump's immigration enforcement executive order and instead have continued former President Barack Obama's "Catch-and-release" policies, according to a union official. Ref. Source 5u.
The Department of Homeland Security has officially laid out the Trump administration's plans for aggressive enforcement of immigration laws, including a potentially massive expansion of the number of people detained and deported.
Through guidance memos, Homeland Security Secretary John Kelly expands the government's immigration enforcement by instructing agencies to implement unused parts of existing law and by clarifying standards for certain protections, which add up to having sweeping implications for the processing of undocumented immigrants in the United States. Ref. Source 2k.